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    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
    • Just as UB says, he bailiff does not need to be invited in, but he certainly should have announced himself. i dont suppose he said what the enforcement was for?   The bailiff has to have a "reasonable belief" that the debtor resides at your address, if he is permitted to enter.   In the first post you say the Warrant was addressed to next door, is this your daughters property and did this Richard live at that address or your address.?   We should find out what the bailiff may say to try and justify his actions.    
    • Still valid?   For completion once a defence has been submitted and the claimant wishes to proceed.   Yes to mediation No if its statute barred or a parking claim. Yes to Small Claims Track State your local County Court  1 witness = yourself   The rest is self explanatory   Run 3 copies..Court/Solicitor/File
    • I sent them a letter but I wish now that I had kept a copy and sent it recorded   not a lot I can do about it now
    • So, I'm better off cancelling any dd's relating to debts, just to be safe?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hello everyone.

 

Apologies If Posted in wrong place

 

Builder by trade.

 

Long story short.

My van was broken into Tuesday night and they totally wiped us out took everything.

We phoned the police etc did everything right.

Knocked on neighbours doors for cctv.

I had a bike in the back which I’d literally purchased that day left in there until I could hide it for Christmas.

 

I knew I had insurance for personal possessions upto 200

rang my insurance company provided proof of receipt crime number etc.

They then told me I was insured for tools in transit well I was made up as I didn’t realise and my stess levels decreased a little.

 

Went through everything no problem.

Then I recieve a phone call from the fraud department informing us that our van is a Cat C didn’t know.

And there’s a MS90 on driving licence and they voided our insurance and claim.

Which is understandable I guess.

 

we rang DVLA and these points went on in January for failure to provide information

but it was provided even got a letter to say there is a back log and heard nothing since until a pink letter arrived from court which does not mention anything about points or a fine it’s a further step notice.

 

I rang the court immediately and made appointment to do statutory declaration

unfortunately I suffered ill health and advised the court I was told where to send email and head it urgent saying I couldn’t attend as I suffer from anxiety and high blood pressure.

heard nothing since I just presumed I would receive a new court date.

 

Not the case apparently the case was heard and I received a hefty 812.00 fine and 6 points as to which I was totally unaware of until yesterday I’ve explained all this to insurance.

I was totally unaware they just voided my insurance unless I can prove this.

I’ve spoke to DVLA they told me they don’t send letters and I spoke to the court now awaiting another appointment.

 

first question.

If points were put on my licence how was it done.

I was never asked for it

 

how was the insurance unaware if points went on in January and I didn’t insure until

march.

DVLA said this should of flagged up

 

how do I prove I was totally unaware as I was

 

I’m currently unable to work due to no tools and unable to insure my vehicle not only due a voided policy but the fact I can’t work.

I’ve paid my insurance.

Contents and tools insurance and they’ve just voided only explanation I didn’t disclose information.

 

How can I disclose information I didn’t have.

Any help appreciated currently seriously stressed out

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I'm sure we can help you but I'm afraid that we need you to space and punctuate your story properly so that it is easier to read.

 

Fairly solid and poorly punctuated blocks of text are very difficult for people to follow and will discourage people who would otherwise be very enthusiastic about helping you challenge your insurer.

 

Please would you mind posting it again on a new thread but this time put it in a way that you would like to read yourself if you are thinking of helping somebody else.

 

Thanks

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ive sorted the spacing for you

as it was probably CAG that did it

 

please continue to post here

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Insurers have a duty to treat you fairly they are subject to important regulations which are legally binding and which are called ICOBS.

 

One of the provisions in ICOBS is that an insurer is not entitled to decline a claim or to cancel insurance simply because of some administrative matter – which does materially affect the risk.

 

It seems to me that firstly you have good reason for not having informed anybody about the condition of your vehicle. Secondly, the fact that the vehicle was broken into had nothing to do with the fact that it was CAT C. Therefore in my view they are acting unlawfully in cancelling your insurance and rejecting your claim.

 

That's the easy part.

 

The difficult part will be forcing your insurer to change their mind and frankly I think that the only way that you will manage to do this will be by taking legal action. You could consider going to the financial ombudsman service that they are limp wristed and for some reason other they think that their duty is to be fair to both sides even if it is clear that one side is the wrongdoer and the other side is simply an innocent victim.

 

So the question is – what are you prepared to do about it? Bear in mind, that this is not something that will be settled very quickly. It could take at least six months and not only that I can imagine that the insurer will be so concerned about having a judgement against it in the circumstances that they will throw everything they can at you. We will be very pleased to help you all the way – and as you would only be suing for a very modest amount it won't cost you very much and because it would come under the small claims rules, there is no reason why you should suffer any great loss in the event that you don't win the case.

 

Whatever, I would certainly start off by sending an SAR to the insurer to find out exactly what they did know

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The whole situation has me totally stressed. Not even bothered insurance say they won’t pay i get that

But to make our i did this to be fraudulent Is playing on my mind

I’ve never broke the law

I need my van to work I know the consequences of not declaring.

They just won’t even entertain me.

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Tried the financial

Ombudsman and he said I had to go through the company first.

I’m

Getting nowhere fast

They basically said I was aware of conviction. Which to be fair I was aware of maximum penalty

But I was appealing

Basically my son was out with friends quite a distance from us

He has various diagnosed difficulties

He telephoned us in anxious upset state.

We drove to pick him up he wasn’t there. All staff was involved in locating him. Even local

Police

He was found thank goodness

I was anxious has I’m

A sufferer my wife had SVT induced my stress. I was caught speeding my 8mph

All that put aside the ombudsman said we should of declared the conviction. but I haven’t been convicted.

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Insurers have a duty to treat you fairly they are subject to important regulations which are legally binding and which are called ICOBS.

 

One of the provisions in ICOBS is that an insurer is not entitled to decline a claim or to cancel insurance simply because of some administrative matter – which does materially affect the risk.

 

It seems to me that firstly you have good reason for not having informed anybody about the condition of your vehicle. Secondly, the fact that the vehicle was broken into had nothing to do with the fact that it was CAT C. Therefore in my view they are acting unlawfully in cancelling your insurance and rejecting your claim.

 

That's the easy part.

 

The difficult part will be forcing your insurer to change their mind and frankly I think that the only way that you will manage to do this will be by taking legal action. You could consider going to the financial ombudsman service that they are limp wristed and for some reason other they think that their duty is to be fair to both sides even if it is clear that one side is the wrongdoer and the other side is simply an innocent victim.

 

So the question is – what are you prepared to do about it? Bear in mind, that this is not something that will be settled very quickly. It could take at least six months and not only that I can imagine that the insurer will be so concerned about having a judgement against it in the circumstances that they will throw everything they can at you. We will be very pleased to help you all the way – and as you would only be suing for a very modest amount it won't cost you very much and because it would come under the small claims rules, there is no reason why you should suffer any great loss in the event that you don't win the case.

 

Whatever, I would certainly start off by sending an SAR to the insurer to find out exactly what they did know

They have cancelled due to undisclosed points. Which I was unaware till

They informed me

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Insurers can cancel, if they would not have offered you Insurance had they known the correct information before issuing the Insurance.

 

So you really need the Insurers to confirm in writing the reason for cancelling the policy and take it from there, by complaining in writing in the first instance.

 

Here is a link to the FCA rules and legislation that applies.

 

https://www.handbook.fca.org.uk/handbook/ICOBS/8/?view=chapter

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I hate to add to your woes but now having alerted the Courts to your new address etc and as you have an outstanding fine that is unpaid then you could end up with Bailiffs at the door. The worst [art being that any Warrant carries the power of forced entry. It is in your own interests to get this back to Court ASAP.

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